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YOU READY? YES, WE ARE READY.ALRIGHT, WE, I'LL DO IT AGAIN.
YOU'LL STAND AND WILL PLEDGE ALLEGIANCE TO JOIN ME IN THAT I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO, TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
WE'RE GONNA TURN A MINUTE TO CODY.
THANK YOU MR. CHAIRMAN COMMISSION.
UM, JUST FOR THE INFORMATION OF ALL COMMISSIONERS, AND SHE MAY BE JOINING HERE, THERE'S SOME WEATHER ISSUES, BUT THERE IS A NEW COMMISSIONER THAT'S BEEN APPOINTED BY, UH, VICE CHAIRMAN WEINGER OF THE BOARD OF SUPERVISORS IN DISTRICT FIVE.
UM, SO SHE IS A REPRESENTATIVE WITHIN DISTRICT FIVE.
JUST WANTED EVERYONE TO BE AWARE THAT THERE IS THAT NEW REPRESENTATIVE FOR THE DISTRICT AND ON THE COMMISSION HERE, UM, ESPECIALLY IN CASE SHE JOINS, SO THAT NOBODY'S SURPRISED BY THE EXTRA NEW NAME THERE ONLINE.
[1. REVIEW OF AGENDA BY COMMISSIONERS: ]
ITEM NUMBER ONE, REVIEW OF THE AGENDA BY COMMISSIONERS.ANYBODY HAVE ANY COMMENTS, CONCERNS ABOUT THE AGENDA ONLINE? NO COMMENT.
[2. CALL TO PUBLIC FOR ITEMS NOT ON THE AGENDA: Individuals may address the Commission on any relevant issue for up to 3 minutes. Any presentations must be submitted at least 24 hours prior to the meeting. At the close of the call to the public, Commission members may not respond to any comments but may respond to criticism, ask staff to review a matter or ask that a matter be placed on a future agenda.]
ITEM NUMBER TWO, THE CALL THE PUBLIC.THE NAVAJO COUNTY PLANNING ZONE OF COMMISSION WILL NOW OPEN THE PUBLIC COMMENT PERIOD FOR THIS ITEM.
ANY PRESENTATIONS MUST BE SUBMITTED AT LEAST 24 HOURS PRIOR TO THE MEETING AT THE CLOSE OF THE CALL TO PUBLIC COMMISSION.
MEMBERS MAY NOT RESPOND TO ANY COMMENTS BUT MAY RESPOND TO CRITICISM.
ASK STAFF TO REVIEW A MATTER OR ASK THAT IT BE PLACED ON A FUTURE AGENDA.
IS ANYBODY LIKE TO ADDRESS THE COMMISSION IN THE CALL? THE PUBLIC SEEING NONE THAT CALL THE PUBLIC IS CLOSED.
[3. CONSIDERATION OF APPROVAL OF MINUTES FROM THE COMMISSION HEARING OF: June 19, 2025]
NUMBER THREE, CONSIDERATION OF APPROVAL OF MINUTES FROM THE COMMISSION HEARING OF JUNE 19TH, 2025.I'LL MOVE THAT WE ACCEPT THE, UM, MINUTES AS PUBLISHED.
I'LL SECOND BEEN, BEEN HAD A MOTION AND SECONDED THAT WE APPROVE THE MINUTES.
[4. TP 25-001 ROCK CREEK SUBDIVISON TENTATIVE PLAT, DISTRICT III: Consideration and possible adoption of Resolution 25-01P, approving/denying a Tentative Plat request by Green Elephant Development, LLC., to allow for a 119 manufactured home lots, 25 residential lots, 5 tracts, and accompanying roads and infrastructure on a single, 67.20 acre parcel in the White Mountain Lakes Area. APN#: 304-21-371Q. Owner: Allen Land Development, LLC. Agent: Bryant Aplass]
ITEM NUMBER FOUR, TP TWO FIVE DASH 0 0 1 ROCK CREEK SUBDIVISION, TENTATIVE PLAT DISTRICT THREE, CONSIDERATION AND POSSIBLE ADOPTION OF RESOLUTION 25.01 P APPROVING OR DENYING A TENTATIVE REQUEST BY GREEN ELEPHANT DEVELOPMENT LLC TO ALLOW FOR A NINE FOR 119 MANUFACTURED HOME LOTS, 25 RESIDENTIAL LOTS, FIVE TRACKS AND ACCOMPANYING ROADS AND INFRASTRUCTURE ON A SINGLE 67.20 ACRE PARCEL IN THE WHITE MOUNTAIN LAKES AREA.PARCEL NUMBER IS 3 0 4 DASH 21 DASH 3 71 Q.
THE OWNER IS ALLEN LAND DEVELOPMENT AND LLC AND THE AGENT IS BRIAN ALPA ATLAS.
TYLER, GOOD EVENING COMMISSIONERS.
THANK YOU FOR YOUR TIME TONIGHT.
IT HAS BEEN A LITTLE BIT GOOD TO SEE YOU ALL HERE TONIGHT.
UM, TAKING A LOOK AT OUR FIRST TENTATIVE PLAT OF THE YEAR.
YEAH, IT'S NOT, OH, I CAN GO BACK.
SOMETIMES I CAN MOVE IT DOWN BECAUSE IT'S PUT DOWN THERE.
SO OUR PROJECT SUMMARY TONIGHT, UH, WE HAVE OUR AREA, THE A PN NUMBER, THE TOTAL PARCEL SIZE, ABOUT 67 OR SO ACRES.
UH, THE TOTAL SIZE OF THE DEVELOPMENT IS APPROXIMATELY 26.77.
DOES HAVE THE SPECIAL DEVELOPMENT ZONING AND IT IS CURRENTLY OWNED BY ALLEN LAND DEVELOPMENT.
UH, EARLIER THIS YEAR, THEY WENT THROUGH AND DID A MASTER DEVELOPMENT OR PLAN AMENDMENT, UH, THAT WAS APPROVED IN JANUARY RESOLUTION ZERO FOUR DASH 25.
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AND THAT ALLOWED FOR A TOTAL OF 290 RESIDENTIAL UNITS CONSISTING OF A MIX OF SINGLE FAMILY MANUFACTURED AND MULTIFAMILY UNITS.TONIGHT THEY'RE REQUESTING A TOTAL OF 144 RESIDENTIAL UNITS MADE UP OF 25 SINGLE FAMILY LOTS AND 119 MANUFACTURED HOME LOTS.
UH, THE LOT SIZES ARE GONNA RANGE FROM JUST UNDER A 10TH OF AN ACRE TO ABOUT A THIRD OF AN ACRE WITH AN AVERAGE LOT SIZE OF JUST OVER A 10TH OF AN ACRE.
UH, THEIR WATER SERVICES, THEY WILL BE PROVIDED BY VOYAGER AT WHITE MOUNTAIN LAKE WATER COMPANY AND THEIR SEWER SERVICES WILL BE PROVIDED BY THE WHITE MOUNTAIN LAKE SANITATION COMPANY.
UH, THEY HAVE PROVIDED WHEEL SERVICE FOR BOTH OF THOSE COMPANIES.
THEY'RE GOING TO DO A 20 FOOT FRONT AND REAR SETBACK AS WELL AS AN EIGHT FOOT SIDE YARD SETBACK.
I HAVE IN, UH, INCLUDED THEIR TYPICAL SINGLE FAMILY LOT SETBACKS, UH, FROM THE PLAT.
THEY'RE GONNA HAVE TWO TRACKS DEDICATED TO RIGHT OF WAY IN, UH, INGRE INGRESS EGRESS, TOTALING APPROXIMATELY SIX AND A HALF ACRES.
THEY WILL ALSO HAVE THREE TRACKS DEDICATED FOR ONSITE WATER RETENTION, AND THAT'S TOTALING JUST OVER, UM, AN ACRE.
THEY ARE GONNA, UH, HAVE PAVED ROADS AND THOSE ARE GONNA BE MAINTAINED BY A HOMEOWNER'S ASSOCIATION THAT THEY WILL CREATE AT A LATER DATE.
HERE IS OUR VICINITY MAP, KINDA SHOWING WHERE WE ARE.
WE ARE KIND OF SITTING AT THE WEST OF WHITE MOUNTAIN LAKES, UH, DIRECTLY ADJACENT TO THE JUNIPER RIDGE SUBDIVISION.
UH, MOST OF THE LAND IN THE AREA OF THIS PROJECT IS ZONED SPECIAL DEVELOPMENT, RU ONE OR COMMERCIAL RESIDENTIAL, AND IT IS EITHER VACANT OR, UH, HAS BEEN DEVELOPED AS RESIDENCES OR BUSINESSES.
HERE'S KIND OF AN AREA VIEW OF THE PARCEL THAT IS TO BE DEVELOPED.
UM, IT'S KIND OF HARD TO SEE KIND OF WHAT'S GOING ON THERE.
UM, THE TENTATIVE PLA KIND OF HELPS SHOW A LITTLE MORE, ESPECIALLY IF YOU GO BACK AND FORTH.
SO HERE'S THE TENTATIVE PLAT THAT THEY'RE REQUESTING HERE TONIGHT.
UH, THEY HAVE A DEVELOPMENT KIND OF ALONG THAT WESTERN BOUNDARY THERE, AND THEN IT JUMPS UP TO THE NORTHEAST ALONG SILVER CREEK DRIVE.
UM, AND THEY DO BREAK IT DOWN INTO SHEETS.
AND THAT'S WHAT I'M ABOUT TO SHOW YOU.
UH, KIND OF SHOWING THE LOTS A LITTLE MORE CLEAR JUST FOR THE INFORMATION.
WE ARE STARTING AT THE VERY SOUTH, UH, THAT BOTTOM CUL-DE-SAC THERE IS WHERE THE SHEETS GO.
AND THEN WE JUST GRADUALLY WORK OUR WAY UP NORTH.
SO YEAH, HERE WE ARE DOWN AT THE SOUTH.
UH, THEY DO HAVE AN EMERGENCY, UM, INGRESS, EGRESS EXIT THERE, UH, CONNECTING INTO THE JUNIPER RIDGE SUBDIVISION, UM, AS WELL AS ALL OF THEIR LOTS MOVING FORWARD, COMING UP NORTH.
UM, KEEP THAT SPACE DOWN TO THE BOTTOM.
WE ARE NOW AT THE, UH, NORTH OF THAT KIND OF WESTERN BOUNDARY, THE MOST NORTH.
UM, THEY ARE GONNA DO A CUL-DE-SAC AND IT IS GOING TO BE GATED WITH A LOOP ACTIVATION GATE.
UM, BECAUSE THOSE GROUP OF PARCELS THERE AT THE LEFT SIDE, THOSE ARE NOT PART OF THIS SUBDIVISION.
THEY'RE PART OF A SEPARATE SUBDIVISION.
SO THEY ARE GONNA PUT UP A GATE AND, UH, IT'S GONNA BE SEPARATE AND THEY HAVE A SEPARATE ACCESS.
UM, MAYBE DID IT WORK? UH, NO.
WE ARE NO BETTER OFF IT SEEMS. UM, BUT YES, UH, YEAH, IT WILL BE GATED OFF IN SEPARATE ACCESS.
UM, THEY HAVE REQUESTED, UH, VARIANCES FOR THEIR TENTATIVE PLA TONIGHT.
UH, THEY'RE REQUESTING TO ALLOW FOR CUL-DE-SACS LONGER THAN 600 FEET.
THEY'RE REQUESTING TO ALLOW FOR MORE THAN 20 HOMES ON A CUL-DE-SAC.
UH, THEY'RE ASKING TO ALLOW FOR A DEAD END STREET, AND THEN THEY'RE ASKING TO ESSENTIALLY PUSH BACK THE GEOTECH, NO GEOTECHNICAL ENGINEERING REPORT.
THAT'S NORMALLY REQUIRED AS A SUBMISSION FOR THE FINAL PLAT.
WE WOULD JUST CONDITION IT AS APPROVAL OF THE FINAL PLAT.
UM, SO JUST BE A CONDITION OF APPROVAL AFTER IT GOES THROUGH THE PROCESS.
THE ENGINEERING DEPARTMENT HAS REVIEWED THESE VARIANCES.
THEY FOUND THEM ACCEPTABLE, UM, AND THEY HAVE APPROVED THEM.
UM, FOR OUR ANALYSIS, THIS REQUEST DOES MEET THE GOALS AND POLICIES OF THE NAVAJO COUNTY COMPREHENSIVE PLAN.
UH, OUR COMPREHENSIVE PLAN ENCOURAGES PLAN DEVELOPMENTS COMPATIBLE LAND USE PATTERNS, MULTIPLE ACCESS ROUTES DEVELOPMENT, AND AREA WHERE FIRE PROTECTION AND EMERGENCY SERVICES ARE AVAILABLE, AND QUALITY DESIGN OF DEVELOPMENT OF WASTEWATER, WATER AND CIRCULATION SYSTEMS. LASTLY, IT ENCOURAGES DEVELOPMENTS TO INFILL LOCATIONS WITH ACCESS TO UTILITIES AND OTHER SERVICES AND PRESERVATION OF FLOODPLAINS AND WASHES, UH, FOR WILDLIFE MIGRATIONS AND PRESERVATION.
UH, AS OF TODAY, WE HAVE RECEIVED ZERO COMMENTS FOR OREGONS THIS PROJECT.
AND COMING TO OUR RECOMMENDATION, WE ARE RECOMMENDING APPROVAL OF TENTATIVE PLAT SUBJECT TO THE 14 CONDITIONS IN THE STAFF REPORT.
[00:10:01]
ANY QUESTIONS AND WE HAVE OUR ENGINEER HERE AS WELL.I, I HAVE A QUESTION AND COMMISSION IF YOU HAVE ANY.
SO BACK TO THAT, UH, FOR THE VARIANCES THERE MM-HMM
JUST, I, I, I'M NOT FAMILIAR WITH IT MM-HMM
WHAT'S THE, THE DEAD END STREET THAT, THAT'S ESSENTIALLY A, A CUL-DE-SAC, RIGHT? I MEAN, YOU HAVE TO BE ABLE TO TURN AROUND.
AND SO ESSENTIALLY, UH, THERE'S A PORTION OF, UH, THE MAP I CAN TRY AND GET IT IF WE CAN GET IT TO COOPERATE.
UM, THIS ONE BACK ONE MORE THERE.
UM, AND SO THAT KIND OF, UH, T PORTION SHAPE RIGHT THERE IS, UH, THE DEAD END STREET THERE.
UM, AND THAT IS NOT GONNA HAVE A CUL-DE-SAC.
UM, AND SO THAT'S WHY THEY'RE REQUESTING THAT VARIANCE THERE.
UM, THE SUBDIVISION REGULATIONS THAT YOU CANNOT JUST HAVE A STRAIGHT DEAD END.
SO THAT'S WHY THEY'RE REQUESTING THAT VARIANCE THERE.
ANY OTHER QUESTIONS? UH, FROM COMMISSIONERS? OKAY.
MR. BRIMHALL, WOULD YOU LIKE TO ADDRESS THIS? COMMISSIONER ROOTER VICE CHAIR, UH, SMITH AND OTHER COMMISSIONERS? I APPRECIATE THE OPPORTUNITY TO BE HERE TONIGHT.
UM, I, I'VE WORKED ON THIS PROPERTY FOR A LONG TIME.
I WORKED WITH A GENTLEMAN ON IT ABOUT 15 YEARS AGO, MADE A LOT OF IMPROVEMENTS TO THE JUNIPER RIDGE RV PARK.
HE CONSTRUCTED A GOLF COURSE THROUGHOUT THIS PROPERTY THAT WERE ACTUALLY IN ADDITION TO, UM, AN EXECUTIVE GOLF COURSE, PUT FIVE MORE HOLES ON THIS PROPERTY IN THE PAST.
AND, AND WHEN THE ECONOMY CRASHED AROUND 2008, EVERYTHING JUST KIND OF DIED ON THIS PROPERTY.
AND I'VE BEEN, UH, PATIENTLY WAITING FOR SOMEONE TO PICK IT UP AGAIN.
UM, AND, UH, I MET WITH THE, THE OWNERS OF THIS PROPERTY OUT THERE, AND WE TOOK THE TIME TO, TO WASH THAT ROCKY, TO WALK THROUGH THAT ROCKY RODEO.
AND WHEN WE WERE THERE, IT WAS JUST, I THINK IT WAS MAYBE AROUND APRIL OR MAY, AND THERE'D BEEN A LOT OF SNOW THE YEAR BEFORE.
SO THE CREEK WAS RUNNING AND IT WAS JUST REALLY BEAUTIFUL DOWN THERE.
AND THEY, YOU KNOW, THEY'RE FROM THE GET GO, THEY SAID, YOU KNOW WHAT, WE'RE JUST GONNA LEAVE THIS ALONE.
AND, UM, A COUPLE OTHER THINGS I THINK THEY DID THAT WERE, WERE GOOD IS, UM, UH, WHITE MOUNTAIN VISTAS IS DIRECTLY TO THE NORTH OF US.
THEY HAVE SOME WONDERFUL, BEAUTIFUL HOMES IN THERE.
AND SO THEY AGREED TO HAVE SOME BIGGER LOTS RIGHT UP AGAINST THEIR BIGGER LOT SUBDIVISION SO THAT THEY CAN PUT IN SOME NICER HOMES RIGHT THERE.
AND THEN, AS THEY GET FURTHER AWAY FROM THE EXISTING SUBDIVISIONS, THEY'RE GOING TO GO FOR A LITTLE MORE HIGH DENSITY AND TRY AND THEY'LL BE MATCHING WHAT IS ACROSS THE GOLF COURSE OVER TO THE JUNIPER RIDGE.
UH, THEY PLAN ON HAVING MANUFACTURED HOUSING ON THE OTHER SIDE OF THE GOLF COURSE IS, UM, UM, RVS AND PARK MODELS AND A DIFFERENT TYPE OF, UH, SUBDIVISION.
BUT I DON'T, I DON'T FEEL LIKE WE'RE DEGRADING ANYTHING FROM THEM BY BEING THERE.
UH, I KNOW RIGHT NOW THEY ARE TRYING TO ESTABLISH A WORKING RELATIONSHIP WITH JUNIPER RIDGE AND ALSO FROM THE FOLKS AT Y MOUNTAIN LAKE VISTAS.
UM, RIGHT NOW WE HAVE, LIKE, UH, TYLER MENTIONED, WE HAVE A CUL-DE-SAC THERE AT THE END WITH A GATE.
UM, THAT'S A WAY FOR THEM TO PROTECT THEIR SUBDIVISION, AND IT'S A WAY FOR US TO PROTECT OUR, OUR SUBDIVISION.
IF WE CAN WORK THROUGH SOMETHING WHERE, YOU KNOW, EVERY EVERYBODY'S HAPPY NOT TO HAVE A GATE THERE, THEN THAT MIGHT, THAT MIGHT BE HAPPENING EVENTUALLY.
BUT, UM, WE DON'T HAVE, WE HAVEN'T HAD THE TIME TO CREATE THOSE RELATIONSHIPS AND, AND MOVE FORWARD WITH SOME OF THOSE, UH, DIFFERENT ITEMS THAT WILL POSSIBLY HELP IN THE FUTURE.
SO, UM, I'VE BEEN EXCITED TO WORK WITH THESE, WITH THIS GROUP.
UH, THEY'VE BEEN VERY ACTIVE, UM, VERY AGGRESSIVE.
AND, UM, AS IN, AS IN ANY DEVELOPMENT, IT'S ALL MARKET DRIVEN.
UH, YOU KNOW, IF WE HAVE, RIGHT NOW WE HAVE A, UH, WE'RE SEEKING TENTATIVE PLAT APPROVAL FOR ALL OF THIS DEVELOPMENT AT THIS TIME, WE'LL BE BACK, UH, AND WE'LL SAY, OKAY, THIS IS WHAT WE WANT TO DO FOR OUR FIRST PHASE.
AND WE'LL PROVIDE THE IMPROVEMENT DRAWINGS FOR THE FIRST PHASE TO, TO ENGINEERING AND PLANNING AND ZONING.
AND WE WILL COME BACK FOR A, A FINAL PLAT REQUEST FOR WHICHEVER PHASE THAT THIS GROUP DECIDES THAT THEY WANT TO DEVELOP FIRST.
SO IF YOU HAVE ANY OTHER QUESTIONS, I'LL BE HAPPY TO ANSWER 'EM OR TRY TO ANSWER 'EM OR TAKE NOTES AND, AND GET BACK WITH YOU IF I NEED TO.
COMMISSIONERS, ANY QUESTIONS FOR MR. BRIMHALL? NO.
UH, WE WILL NOW OPEN THE PUBLIC COMMENT PERIOD.
UH, FOR AND AGAINST THIS, UH, SINCE WE'RE NOT GONNA HAVE MANY, UH, THE NAVAJO COUNTY PLANNING ZONING COMMISSION
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WILL NOW OPEN THE PUBLIC COMMENT PERIOD FOR THIS ITEM.THE COMMISSION WILL NOW HEAR COMMENTS FOR THIS ITEM.
COMMENTERS WILL BE GIVEN THREE MINUTES TO SPEAK FOR OR AGAINST THE ITEM.
THE COMMISSION ASKS THAT COMMENTERS LIMIT THEIR COMMENTS TO NEW COMMENTS.
IF A POINT OF SUPPORT OR CONCERN HAS ALREADY BEEN RAISED, PLEASE ONLY CONTINUE WITH NEW POINTS OF CONCERN.
THE COMMISSION STAFF AND THE APPLICANT WILL NOT RESPOND TO COMMENTS DURING THEIR COMMENT PERIOD, BUT WILL NO CONCERNS.
ONCE ALL COMMENTS HAVE BEEN HEARD, THE COMMENT PERIOD WILL BE CLOSED AT THIS TIME.
THE COMMISSION WILL ADDRESS STAFF AND THE APPLICANT WITH QUESTIONS AND CONCERNS.
FOLLOWING THIS, A MOTION WILL BE MADE BY THE COMMISSION.
THE MOTIONS FOR THE TENTATIVE PLAT AND SITE REVIEW, SITE PLAN REVIEW WILL BE FOR APPROVAL OR DENIAL WITH THE COMMISSION.
THE MOTION FOR THE TEXT AMENDMENT WILL SOLELY BE A RECOMMENDATION FOR THE NAVAJO COUNTY BOARD OF SUPERVISORS.
UH, THIS PUBLIC COMMENT IS NOW OPEN.
DO DO WE HAVE ANYBODY THAT WOULD LIKE TO ADDRESS? HEARING NONE, WE WILL CLOSE THE PUBLIC COMMENT PERIOD FOR, FOR THIS ITEM.
UH, COMMISSIONERS, ANY QUESTIONS FOR TYLER OR MR. BRIMHALL OR AMONG OURSELVES? HEARING NONE, UH, I'LL, UM, SEEK A MOTION ON THIS ITEM.
I, UH, WILL MAKE A MOTION THAT THE NAVAJO COUNTY PLANNING AND ZONING COMMISSION APPROVE THIS TENTATIVE PLAN, SUBJECT TO THE CONDITIONS RECOMMENDED BY STAFF.
MOTION'S BEEN MADE AND SECONDED.
[5. SP 25-001 ROCK CREEK SUBDIVISION SITE PLAN REVIEW, DISTRICT III: Consideration of a request for a Site Plan Review of the Rock Creek Subdivision to allow for the development of storage containers, parking, and ten tiny homes on wheels on approximately 9.86 acres of vacant land in the White Mountain Lake area. APN#: 304-21-371Q. T11N, R22E, S15. Owner: Allen Land Development LLC. Agent: Bryant Aplass.]
ITEM NUMBER FIVE, SP 25 DASH 0 0 1 ROCK CREEK SUBDIVISION SITE PLAN REVIEW DISTRICT THREE CONSIDERATION OF A SITE OF A REQUEST FOR A SITE PLAN REVIEW OF THE ROCK CREEK SUBDIVISION TO ALLOW FOR THE DEVELOPMENT OF STORAGE, CONTAINERS, PARKING, AND 10 TINY HOMES ON WHEELS ON APPROXIMATELY 9.86 ACRES OF VACANT LAND IN THE WHITE MOUNT LAKE AREA.PARCEL NUMBER 3 0 4 DASH 21 DASH 3 7 1 Q TOWNSHIP 11 NORTH RANGE 22 RANGE 22 EAST IN SECTION 15.
THE OWNER IS ALLEN LAND DEVELOPMENT, LLC.
CATHERINE, GOOD EVENING BOARD, UM, BEFORE YOU IS SP 25 DASH 0 0 1 ROCK CREEK SUBDIVISION.
THIS IS LOCATED ON A PN NUMBER 3 0 4 DASH 21 DASH 3 71 Q, WHICH IS A 9.86 ACRE PARCEL.
THAT IS ZONED SPECIAL DEVELOPMENT.
THE OWNER'S ALLEN LAND DEVELOPMENT LLC.
THIS PROJECT PROPOSES RESIDENTIAL DEVELOPMENT IN THE WHITE MOUNTAIN LAKE AREA.
THE PROPOSED SITE PLAN INCLUDES 205 STORAGE CONTAINERS, 109 PARKING SPOTS, AND 10 TINY HOMES ON WHEELS.
THE GENERAL VICINITY IS WHITE MOUNTAIN LAKE.
NEXT IS AN AERIAL OF THE SITE.
THE SUBJECT PROPERTY IS SITUATED APPROXIMATELY 10 MILES NORTH OF SHOW LOW AND ACCESSIBLE VIA ARIZONA STATE.
TO THE EAST OF THIS PARCEL IS WHITE MOUNTAIN LAKES.
UNIT NUMBER THREE TO THE NORTH IS WHITE MOUNTAIN LAKES.
NUMBER EIGHT TO THE WEST IS JUNIPER RIDGE RV RESORT.
AND TO THE SOUTH IS THE STATE OF ARIZONA LAND.
SO HERE'S A GENERAL OVERVIEW OF THE SITE PLAN, AND WE'RE GONNA ZOOM IN A LITTLE BIT HERE TO SHOW THE LOCATION OF THE PROPOSED 205 STORAGE UNITS.
THIS IS, UM, THE PARKING SPACES WHERE THERE WILL BE 109.
AND HERE'S THE LOCATION OF THE PROPOSED 10 TINY HOMES ON WHEELS.
AND TO THE TOP NORTHEAST CORNER HAS TWO NEW PROPOSED ENTRY POINTS.
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COUNTY PLANNING AND DEVELOPMENT SERVICES STAFF IS RECOMMENDING, UM, APPROVAL OF THE SITE PLAN REVIEW FOR A ROCK CREEK SUBDIVISION SUBJECT TO THE 15 CONDITIONS LISTED IN THE STAFF REPORT.AND ALSO BEFORE YOU, WE HAVE NOT RECEIVED ANY COMMENTS FROM THE PUBLIC ABOUT THIS PROJECT AS OF YET.
I'M AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.
AND THE CIVIL ENGINEER, DOUG BRIMHALL, UM, IS HERE AS WELL.
SHOULD YOU PREFER TO INQUIRE ABOUT ANY MORE SPECIFICS.
UH, I HAVE ONE QUESTION, CATHERINE, JUST TO CLARIFY MY MIND, UH, YOU MENTIONED TINY HOMES ON WHEELS, SPECIFICALLY ON WHEELS.
IS THERE SOME REGULATION THAT RE ABOUT THE WHEELS? IS THAT, OR, I MEAN, 'CAUSE YOU COULD BUILD A TINY HOME WITHOUT WHEELS, BUT IS THERE A SIGNIFICANCE TO THE WIDTH WHEELS? JUST MY MIND.
UM, THERE'S NOT A, A TERRIBLE SIGNIFICANCE.
THOSE ARE JUST THE MODELS THAT THEY'RE LOOKING TO GO THROUGH AND PUT THROUGH, UM, AS THE TINY HOMES ON WHEELS.
SOME OF THOSE SMALLER, TINY HOMES WILL BE, UH, BUILT WHERE THEY COULD BE ANCHORED LIKE A MANUFACTURED HOME.
BUT THEY'RE, THEY'RE LOOKING TO BRING IN THOSE MODELS THAT ARE ABLE TO, TO COME IN AND JUST BE PARKED ON THE PROPERTY.
BUT AS FAR AS HOW THEY'RE VIEWED FROM THE COUNTY, IT'S THE EXACT SAME PURVIEW.
JUST KIND OF THE, THE INFORMATION THERE IS THE, THE MODEL TYPE OF TINY HOME THAT EXISTS.
SO THEY'RE NOT BEING LOOKED AT AS SOMETHING THAT'S GOING TO BE MOVED IN AND OUT AND MOVED AROUND.
AND NOW WE'RE GONNA GO PARK 'EM AT CHEVRON AND THEN THEY'RE GONNA GO OVER HERE.
THEY, THEY SHOULD BE, UH, THOSE VICE CHAIRWOMAN, THEY SHOULD BE PERMANENT OR TECHNICALLY THEY'RE SEMI-PERMANENT BECAUSE THEY'RE TINY HOMES ON WHEELS.
BUT THOSE ARE SUPPOSED TO BE PERMANENT FIXTURES HERE WITH THE SITE WITHIN THEIR MULTIFAMILY AREA.
ANY, ANY OTHER QUESTIONS FOR CATHERINE? HEARING NONE.
AGAIN, THANK YOU MR. CHAIRMAN FOR HAVING ME BACK.
UM, UH, THIS SAME DEVELOPER, UH, I THINK SOME OF THEIR MAIN GOALS IS AS, AS THEY PUT THEIR MASTER DEVELOPMENT PLAN TOGETHER WAS, YOU KNOW, WHAT ARE WE GONNA DO HERE SHORT TERM? WHAT ARE WE GONNA DO LONG TERM? EVENTUALLY WE ALSO HAVE MULTIFAMILY APARTMENTS THAT ARE SCHEDULED.
UM, WE'RE NOT READY TO BRING THAT, UH, FORWARD YET.
BUT, UM, I THINK WHAT THEY'RE WANTING TO DO IS, IS, IS IS TO GET INTO THE PROPERTY, GET TO KNOW CONTRACTORS, GET TO KNOW THE CONSTRUCTION.
I GET A FEEL OF THE THING AND, UH, SOLELY WORK THEIR WAY INTO THE PROJECT.
UM, I THINK PART OF THE TINY HOUSES ON WHEELS IS THAT THEY PLAN ON ALSO HAVING SOME OF THEIR EMPLOYEES THAT ARE GONNA BE BUILDING THIS PROJECT TO BE ABLE TO STAY THERE ON A TEMPORARY BASIS.
AND THEN ONCE THEY GET THINGS MOVING AND GOING, THOSE PEOPLE WILL END UP EVENTUALLY INTO SOME OF THE OTHER PLACES.
AND ALSO, I KNOW THAT THAT'S ONE OF THEIR FAVORITE PLACES ON THE PROPERTY RIGHT IN THERE.
AND THEY HAVE PLANS FOR A BIGGER, LIKE A OWNER'S CABIN AND A PLACE.
UM, SO, UH, THEY WANNA MAKE SURE THAT IT'S, THEY CAN MOVE THOSE WITHOUT TOO MUCH TROUBLE WHEN THE, WHEN THAT, UH, TIME COMES.
BUT, UM, UH, IT'S, UH, IT'S GONNA BE VERY INTERESTING WHEN WE START WORKING ON THIS.
I'M NOT, I'M NOT SURE THEY'RE GONNA BUILD ALL 200 ALL AT ONCE, OR THEY MIGHT BUILD 50 AT FIRST AND THEN, AND THEN GO ANOTHER, YOU KNOW, IT'LL ALL BE MARKET DRIVEN.
SO, BUT, UM, THEY HAVE DONE A LOT OF RESEARCH AND DECIDED THAT THIS IS WHAT THEY WANT TO DO ON THAT LITTLE, ON THAT LITTLE PART OF THE PROPERTY.
SO, DO YOU HAVE ANY QUESTIONS? YEAH, DOUG, UM, WITH THE TAWNY HOMES, IS THERE, ARE THEY LOOKING AT, UM, IN THE FUTURE, THOSE POTENTIALLY BECOMING RENTALS IN ANY WAY? IS THAT SOMETHING THAT MIGHT BE ON THE RADAR? AND HOW DOES THAT FIT IN WITH THE, YOU KNOW, THEY, WITH ANY RESTRICTIONS OR, OR USES THAT YOU'RE GONNA HAVE IN THIS DEVELOPMENT? UM, I, I CAN'T TELL YOU FOR A HUNDRED PERCENT CERTAINTY ON THAT.
I CAN JUST TELL YOU WHAT I'VE HEARD, AND SO FAR I'VE JUST HEARD THAT THAT'S A PLACE WHERE THEY CAN COME AND THEY CAN HAVE THEIR PEOPLE AND BE ABLE TO, UM, YOU KNOW, THAT, THAT WAY THEY'RE ALREADY THERE.
THEY DON'T HAVE TO DRIVE AN HOUR OR GO SOMEWHERE OUT TO EAT.
THEY CAN STAY THERE AND, AND DO WHAT THEY NEED TO DO AND, AND STAY ON THE, AND BE ABLE TO WORK AND GET MORE DONE.
SO IF, IF, UH, IF THAT WAS THE INTENT, I'M SURE THEY WOULD'VE BROUGHT FORTH, UH, A DIFFERENT PLAN.
UM, 'CAUSE I, I'M SURE YOU COULD RENT A LOT MORE THAN JUST 10 RIGHT THERE.
THAT'S A BEAUTIFUL CANYON RIGHT THERE.
AND THEY'RE, AND EVEN THOSE RENTALS, EVEN THE, EVEN THE TINY CABINS RIGHT NOW ARE, ARE, THEY'RE, THEY'RE BEING SENSITIVE TO THAT CANYON AND THEY'RE STAYING OFF THE CANYON AND NOT REALLY BEING RIGHT UP TO THE CANYON LIKE I WOULD WANT IF I WAS SITTING IN A CABIN
[00:25:01]
OR ON A TRAILER OR SOMETHING, BEING ABLE TO LOOK UP INTO THERE AND LOOK AT THE WILDLIFE AND THE WATER AND, AND EVERYTHING LIKE THAT.BUT I DON'T THINK THAT'S THEIR INTENT, OTHERWISE, I THINK THEY WOULD'VE GONE, UM, MORE INTENTLY AFTER THAT.
ANY, ANY OTHER QUESTIONS? COMMISSIONERS? NO, I HAVE A QUESTION, PLEASE.
SO YOU ADVERTISE THEM AS TINY HOMES ON WHEELS? I BELIEVE THAT'S TRUE.
WHY DO YOU ADD THE WHEEL PART? UH, JUST SO TO HELP EVERYBODY REALIZE IS REAL HELP HELP YOU, YOU GUYS MOSTLY REALIZE THAT THIS IS MORE OF A TEMPORARY NATURE.
WE'RE NOT TRYING TO KEEP EVERYBODY THERE FOR A LONG TIME.
WE'RE HOPING THAT THAT'S, THAT'S SOMETHING THAT'S MORE OF A TEMPORARY NATURE AS WE'RE DOING THE CONSTRUCTION ON THE PROJECT.
AND THEN, UM, ONE OF THE THINGS THAT THEY HAVE IS LIKE, THEY REALLY LIKE THAT PART OF THE PROPERTY AND THEY WANT TO HAVE A BIG CABIN THERE FOR ALL THE DIFFERENT OWNERS.
AND, AND SO THAT, THOSE CABINS WOULD KIND OF GO AWAY.
UM, AND WE WOULD HAVE OTHER MANUFACTURED HOMES OR OTHER HOMES THAT PEOPLE COULD LIVE IN OR STAY IN OR BUY OR, OR RENT OR WHATEVER THEY WANTED TO DO.
SO THE THE WHEELS THING IS JUST TO SHOW THAT IT'S MORE OF A TEMPORARY, SOMETHING THAT'S TEMPORARY IN NATURE.
BUT YEAH, IT ONLY TAKES 30 MINUTES TO PUT WHEELS UNDER A CONTAINER AND 30 MINUTES TO TAKE 'EM OUT.
OH, THE ACTUAL, THE STORAGE UNITS OR YOU'RE TALKING THE TINY HOMES? THE, THE CONTAINER HERE, YOU ADVERTISE THE CONTAINERS ON WHEELS.
DID I MISSTATE THAT? I APOLOGIZE.
WELL, FROM THE LATEST, YOU KNOW, THERE'S ALL KINDS OF DIFFERENT CONTAINERS THAT PEOPLE CAN STORE IN.
AND RIGHT NOW, THE THE, WHAT WE HAVE DONE OUR DESIGN FOR, AND WHAT I'VE BEEN TOLD FOR BY THE DEVELOPER IS EVERYTHING IS GONNA BE SITE-BUILT.
SO THESE ARE SITE-BUILT STORAGE UNITS.
SO YOU BASICALLY JUST WHEEL 'EM IN AND FROM THERE YOU TAKE THE WHEELS OFF AND BUILD YOUR HOUSE.
AND DO THEY HAVE THE CODY, DO THEY HAVE THE SAME BUILDING REQUIREMENTS, PERMITS AND ALL THAT STUFF FOR TINY HOMES AS THEY DO FOR ANY OTHER STRUCTURE? UM, SO JUST TO CLARIFY, COMMISSIONER MUR FOR IT, 'CAUSE THERE'S THE FEW ELEMENTS TO IT, AND THEN I'LL GET THERE.
UM, THE STORAGE UNITS ARE MEANT TO BE PERMANENT, NOT ON WHEELS.
THE TINY HOMES ON WHEELS ARE KIND OF THE SMALLER CABIN STYLES WITH IT.
UM, BUT FOR THE STORAGE UNITS, THEY ARE REQUIRED WITH ALL PERMITTING THAT YOU GO THROUGH WITH THE IBC FOR THE TINY HOMES ON WHEELS.
UM, THOSE ARE PERMITTED BY THE RVIA, UM, WHICH IS BECAUSE THEY QUALIFY AS RVS FOR THOSE TINY HOMES FOR WHAT'S THERE FOR THE SIZE, BUT IT IS PERMITTED THROUGH THE RBIA TO THEIR STANDARDS.
UM, SO IT'S NOT ONE THAT COMES THROUGH THE COUNTY.
UH, IT'S VERY SIMILAR TO WHEN YOU HAVE A MANUFACTURED HOME, WHEN YOU GET THE HUD STAMP, UH, WITH THAT.
SO IT'S THE SAME JUST THROUGH A DIFFERENT PERMITTING BODY FOR THAT.
BUT THEY DO MAKE SURE THOSE ARE, UH, CONSTRUCTED FULLY TO CODE BEFORE THEY STAMP THOSE.
BUT YOU'RE ABLE TO MOVE THEM LIKE A TRADITIONAL TRAILER HOUSE, HYPOTHETICALLY? YES.
YOU CAN ANCHOR THEM AS WELL, IF YOU WISH TO DO SO.
THERE'S, YOU HAVE TO DESIGN IT TO HOW YOU'RE GONNA ANCHOR IT.
UM, BUT THEY ARE MOVABLE THERE.
IF, IF SOMEONE WISHES TO DO SO WITH THE, THE HOMES, THOSE 10 UNITS, BUT THE STORAGE UNITS WILL BE PERMANENT, UM, FULLY ON SITE AND THEY'LL BE STORAGE UNITS.
I SAID THERE'S LIKE THREE DIFFERENT ELEMENTS THAT HIT, SO I WANTED TO MAKE SURE I WASN'T GETTING CONFUSED AS WELL.
SOME OF YOU'RE LIVING IN THESE STORAGE UNITS NOW.
ANY OTHER QUESTIONS? COMMISSIONERS? UH, SEEN NONE.
UM, NOW WE'LL HAVE THE, UH, UH, PUBLIC COMMENT PERIOD.
I'M NOT GONNA READ THIS AGAIN.
IF, IF, UH, WE HAVE SOMEONE I WILL, UH, THE PUBLIC COMMENT PERIOD FOR THIS ITEM IS OPEN.
THE PUBLIC COMMENT PERIOD IS CLOSED.
WELL, DO WE HAVE ANY DISCUSSION FIRST AMONG THE COMMISSIONERS? I DON'T THINK SO.
UM, MR. CHAIRMAN, I'LL MAKE A MOTION THAT WE RECOMMEND APPROVAL TO THE BOARD OF SUPERVISORS FOR SPECIAL USE PERMIT 25 DASH 0 0 1 WITH THE, UM, WITH THE STIPULATIONS AND, UM, RECOMMENDATIONS THAT STAFF HAS THAT WERE IN THE PACKET.
SORRY, JUST TO CLARIFY, VICE CHAIR AND CHAIR, BECAUSE THIS ONE IS A SITE PLAN REVIEW EXPANDING ON A MASTER DEVELOPMENT PLAN.
IT WOULD BE FINAL APPROVAL HERE FOR THE COMMISSION FOR THIS ITEM.
SO THIS DOES NOT, YEAH, THIS ONE WILL NOT PROCEED TO THE BOARD OF SUPERVISORS UNLESS THERE'S ANY APPEAL.
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OKAY.TO SAY THAT I RECOMMEND APPROVAL OF THIS SITE PLAN, UH, I'M SORRY, NOT THE SPECIAL USE
A MOTION'S BEEN MADE AND SECONDED.
[6. TXT-A 25-002 NAVAJO COUNTY ASSISTED LIVING HOMES ADMINISTRATIVE PROCEDURES, GUEST HOUSES/ACCESSORY DWELLING UNITS, AND DEFINITIONS UPDATE: Consideration of an update to Section 1916 (assisted living home administrative procedures), Sections 502, 602, 702, and 1917 (guest houses/accessory dwelling units), and Article 23 (definitions) of the Navajo County Zoning Ordinance.]
MOVE TO ITEM NUMBER SIX, TXT DASH A 25 DASH ZERO TWO COUNTY ASSISTED LIVING HOMES, ADMINISTRATIVE PROCEDURES, GUEST HOUSES, ACCESSORY DWELLING UNITS AND DEFINITIONS.UPDATE CONSIDERATION OF AN UPDATE TO SECTION 1 9 1 6 ASSISTED LIVING HOME ADMINISTRATIVE PROCEDURES, SECTIONS 5 0 2 6 0 2, 7 0 2, AND 1 9 1 7 GUEST HOUSES ACCESSORY DWELLING UNITS.
AND ARTICLE 23 DEFINITIONS OF THE NAVAJO COUNTY ZONING ORDINANCE.
UH, MR. CODY COOPER CHAIRMAN, VICE CHAIR COMMISSIONERS.
I APPRECIATE YOUR TIME TONIGHT.
I KNOW THE LAST TIME I WAS IN FRONT OF YOU, WE DID A, A FULL COMPREHENSIVE UPDATE OF THE ZONING ORDINANCE.
UM, SO YOU'RE PROBABLY WONDERING WHY I'M BACK WITH MORE UPDATES TO THIS.
UM, JUST TO CLARIFY BEFORE I JUMP INTO THE PRESENTATION, THESE UPDATES ARE ONES THAT ARE MANDATED BY STATUTE, UH, THAT WE GO THROUGH AND DO.
AND THOSE WERE ONES THAT COULDN'T BE COMPLETED AT THAT POINT IN TIME.
UM, SO I WILL WALK THROUGH THESE.
UH, IF YOU CAN JUST CLICK THE PRESENTATION AGAIN, IT'LL OKAY.
DID IT, THIS THING NEVER WANTS TO WORK FOR ME.
UM, SO THE, THE BACKGROUND ON THE FIRST PORTION OF THIS REQUEST HERE IS THE ASSISTED LIVING HOME ADMINISTRATIVE PROCEDURES.
UM, THIS IS A STATUTE THAT'S ALREADY SIGNED INTO LAW AND EFFECTIVE, UH, THIS IS ONE THAT KIND OF FLEW UNDER THE RADAR.
IT'S VERY INSIGNIFICANT PIECE OF TEXT THAT WASN'T GIVEN TO US THROUGH OUR LOBBYING BODY.
UM, THE MAIN PURPOSE OF WHAT'S HERE TONIGHT IS OUR GUEST HOUSE AMENDMENTS.
BUT IN FOLLOWING WITH OUR RESEARCH, UH, WE FOUND THAT THERE WAS NO MISSION OF THIS WITHIN OUR ORDINANCE AND WANTED TO BRING THAT TO THE COMMISSION AND BOARD OF SUPERVISORS SO THAT WE COULD APPROPRIATELY UPDATE THE ORDINANCE AS NECESSARY.
UM, SO WHAT THIS LAW REQUIRES IS THAT IF A COUNTY HAS ZONING REGULATIONS THAT RESTRICT DISTANCES BETWEEN ASSISTED LIVING HOMES, UH, WE HAVE TO ESTABLISH ADMINISTRATIVE PROCEDURES IN WHICH A DEVIATION FROM THE SEPARATION REQUIREMENT MAY BE ALLOWED IN ORDER TO BE A REASONABLE ACCOMMODATION WITH THE FAIR HOUSING ACT.
AND TO BE VERY CLEAR, BECAUSE THE STATUTE MAKES YOU RUN THROUGH A A RABBIT HOLE OF STATUTES TO GET TO WHERE ASSISTED LIVING HOME IS, UM, THIS IS NOT BROADLY ASSISTED LIVING HOMES.
THESE ARE RESIDENTIAL CARE FACILITIES AND ADULT CARE FACILITIES THAT ARE THERE FOR THE DISABLED.
UM, THE COUNTY DOES CURRENTLY HAVE PROVISIONS FOR THESE TYPES OF ASSISTED LIVING HOMES BETWEEN SEVEN AND 10 RESIDENTS.
UM, IT'S AN ADMINISTRATIVE TYPE OF PERMITTING, BUT WE DO NOT CURRENTLY HAVE, UH, THE ADMINISTRATIVE PROCEDURE TO ALLOW FOR A DEVIATION OF SEPARATION.
UM, SO WHAT THE COUNTY CURRENTLY HAS IS A 1200 FOOT SEPARATION FROM THESE.
THIS IS VERY TYPICAL IN THE STATE OF ARIZONA FOR COUNTIES AND CITIES.
AND AS A RESULT OF THE STATUTE, WHAT WE HAVE RECOMMENDED IS ADDING A SUBPARAGRAPH TO THE PORTION OF OUR ORDINANCE THAT REFERS TO THIS NAMED REASONABLE ACCOMMODATIONS UNDER PERFORMANCE STANDARDS FOR THOSE GROUP HOMES FOR THE DISABLED.
AND THAT WILL ALLOW APPLICANTS TO ADMINISTRATIVELY APPLY FOR A DEVIATION OF SEPARATION, UH, TO MAKE SURE THAT WE'RE FOLLOWING ALL PROVISIONS OF THE FAIR HOUSING ACT AND NOTHING IS CONSIDERED DISCRIMINATORY TOWARDS THE DISABLED.
UM, SO THAT WAS A, A RELATIVELY MINOR, BUT WHILE WE WERE LOOKING AT THOSE, WE WANTED TO, UM, HAVE THAT COVERED AND, AND GO THROUGH.
AND I DON'T BELIEVE WE'VE HAD A HOME TRY TO PERMIT YET IN THE COUNTY, UM, FOR THE GROUP HOMES FOR THE DISABLED.
BUT WE WANTED TO MAKE SURE THAT WHEN ONE DOES THAT, WE HAVE THE APPROPRIATE, UM, ITEMS WITHIN OUR ORDINANCE PER STATE LAW.
THE LARGE PORTION OF THE, THE PROPOSED UPDATE HERE IS GUEST HOUSES OR ACCESSORY DWELLING UNITS.
UM, IF I SAY EITHER THEY ARE INTERCHANGEABLE THROUGHOUT THIS, AND I'LL CLARIFY HOW THAT WILL ALSO BE THE CASE WITH THE ZONING ORDINANCE.
SO THIS PAST YEAR, HOUSE BILL 29 28, WAS INTRODUCED INTO THE ARIZONA LEGISLATURE THROUGH THE HOUSE.
IT WAS PASSED, WENT THROUGH THE SENATE AND WAS SIGNED BY THE GOVERNOR INTO LAW DURING THAT 2025 ARIZONA LEGISLATIVE SESSION.
THIS NEW LAW IS GOING TO CREATE A RS 11 DASH EIGHT 10.01.
THESE NEW PROVISIONS AFFECT REGULATIONS OF ACCESSORY DWELLING UNITS IN ALL COUNTIES.
UM, THERE WAS A LAW PASSED LAST YEAR FOR CITIES OF 75,000 OR MORE POPULATION THAT WAS VERY SIMILAR TO THIS.
WHAT THE LEGISLATURE DID THIS YEAR IS WENT AND TOOK AWAY THAT POPULATION THRESHOLD AND REQUIRED TO EVOLVE CITIES.
[00:35:01]
SO WHAT THE ARIZONA LEGISLATURE IS REQUIRED IS THAT ALL CITIES, TOWNS, COUNTIES, GO THROUGH AND ADOPT PROCEDURES WITHIN THEIR CONFINES FOR THESE ACCESSORY DWELLING UNITS.THE NEW LEGISLATION WILL TAKE EFFECT 90 DAYS AFTER THE END OF THE SESSION FOR THE LEGISLATURE, WHICH IS SEPTEMBER 26TH, 2025.
NOW, AS FAR AS WHAT'S IN HERE, I'M GONNA WALK THROUGH WHAT THE COUNTY SHALL DO, WHAT THE COUNTY MAY NOT DO PER THE PROVISIONS OF THE LAW AND WHAT STAFF IS RECOMMENDING IN ORDER TO KEEP WITHIN THE CONFINES OF THIS LAW AND PREVENT THE POTENTIAL PENALTIES THAT COME FROM THE STATE LEGISLATURE IF WE DO NOT FOLLOW THROUGH PROPERLY.
UM, SO WE SHALL ADOPT REGULATIONS THAT ALLOW ON ANY LOT OR PARCEL WHERE SINGLE FAMILY DWELLINGS ARE ALLOWED AT LEAST ONE ATTACHED AND ONE DETACHED DWELLING UNIT.
UM, SO ONE CAN BE AN EXPANSION, A SEPARATE UNIT ON A HOME, ONE CAN BE DETACHED.
AND THEN WHEN A PROPERTY IS ONE ACRE OR GREATER IN SIZE, A COUNTY MUST ALLOW A MINIMUM OF ONE ADDITIONAL ACCESSORY DWELLING UNIT AS A PERMITTED USE.
UM, SO ON ANY LOT, YOU MUST ALLOW ONE ATTACHED, ONE DETACHED.
FOR THOSE LOTS THAT ARE ONE ACRE OR GREATER, YOU MUST ALLOW TWO DETACHED AND ONE ATTACHED ACCESSORY DWELLING UNIT THROUGH A COUNTY.
NOW, THE BIG PART OF THIS LEGISLATION ON THE SHALL IS WE SHALL ADOPT THESE REGULATIONS THROUGH THE NEW STATUTE BY JANUARY 1ST, 2026.
IF WE FAIL TO ADOPT REGULATIONS WITHIN THIS TIMEFRAME, WHICH IS WHY STAFF IS BRINGING THIS NOW, ACCESSORY DWELLING UNITS SHALL BE ALLOWED ON ALL LOTS OR PARCELS ZONED FOR RESIDENTIAL USE WITHOUT LIMITS.
SO THE LEGISLATURE HAS EFFECTIVELY SAID, HERE ARE THE THE CONFINES THROUGH WHICH YOU SHALL DO THIS.
WE WILL NOT ALLOW YOU TO DO OTHER MEASURES IF YOU DO NOT ADOPT BY THE FIRST OF THIS NEXT YEAR.
THERE ARE ABSOLUTELY NO REGULATIONS WHATSOEVER THAT A COUNTY MAY IMPOSE ON ACCESSORY DWELLING UNITS WITHIN THEIR BOUNDARIES.
SO COUNTIES MAY NOT, AND THIS IS LENGTHY, AND I'LL TRY TO SUMMARIZE AS I GO THROUGH HERE.
BUT WE MAY NOT PROHIBIT THE USE OF SINGLE FAMILY DWELLINGS OR ACCESSORY DWELLING UNITS AS LONG TERM RENTAL HOUSING.
UH, WE MAY NOT REQUIRE ANY TYPE OF RELATIONSHIP BETWEEN OWNERS AND OCCUPANTS OF A SINGLE FAMILY DWELLING ON A PROPERTY AND AN OCCUPANT OF AN ACCESSORY DWELLING UNIT ON THE SAME LOT.
UM, SO YOU CANNOT REQUIRE THAT THERE'S AN EXISTING RELATIONSHIP FOR RENTING OR OTHERWISE FOR THE OCCUPATION.
UM, WE CANNOT REQUIRE THAT LOTS HAVE ADDITIONAL PARKING TO ACCOMMODATE FOR ACCESSORY DWELLING UNITS, OR, AND WE'VE NEVER HAD THIS, BUT REQUIRE FEES IN LIEU OF THIS PARKING.
UH, WE CANNOT REQUIRE THAT ACCESSORY DWELLING UNITS MATCH THE EXTERIOR DESIGN ROOF PITCH OR FINISHING MATERIALS OF A SINGLE FAMILY DWELLING ON THE SAME LOT.
SO FUNCTIONALLY, WE CAN'T PUT THROUGH AESTHETIC DESIGN STANDARDS FOR THESE ACCESSORY DWELLING UNITS.
UM, WE CANNOT SET RESTRICTIONS FOR ACCESSORY DWELLING UNITS THAT ARE MORE RESTRICTIVE THAN THOSE FOR SINGLE FAMILY DWELLINGS IN THE SAME ZONING AREA.
WE CANNOT SET REAR ASIDE SETBACKS FOR THESE DE DWELLING UNITS THAT ARE MORE THAN FIVE FEET FROM THE PROPERTY.
LINE OF NOTE, THIS DOES NOT RESTRICT HOW YOU SET BACK FROM THE FRONT OF A PROPERTY LINE AND ALSO, UM, NOT SO IT'S NOT ALL DOOM AND GLOOM HERE.
JUST SO THE COMMISSION IS AWARE, UH, WHEN IT COMES TO ACCESSORY BUILDINGS THAT ARE DETACHED, WE REQUIRE A FIVE FOOT SEPARATION FROM ANY LOT LINE, UM, FOR THE SIDE AND REAR FIVE FOOT SEPARATION FROM OTHER STRUCTURES AND A FULL FRONT YARD SETBACK AS WELL.
UM, AND THOSE ARE FOR FIRE PURPOSES.
SO AT THE VERY LEAST, WITH THIS STATUTE AND THE WAY IT'S UPDATED, IT STILL FITS WITHIN THE CONFINES OF THE FIRE CODE AND WHAT'S THERE.
UM, BUT IT DOES REDUCE HOW WE CAN ENACT SIDE AND REAR YARD SETBACKS FOR THESE DWELLING UNITS.
WE ALSO CANNOT REQUIRE IMPROVEMENTS IN PUBLIC STREETS AS A CONDITION OF ALLOWING THESE ACCESSORY DWELLING UNITS, EXCEPT WHERE THOSE STREETS ARE DAMAGED THROUGH THE INSTALLATION AND CONSTRUCTION OF THE DWELLING UNIT.
AND WE CANNOT REQUIRE A RESTRICTIVE COVENANT CONCERNING THE DWELLING UNIT ON A WATER PARCEL ZONE BY RESIDENTIAL U FOR RESIDENTIAL USE, UM, BY A SINGLE FAMILY DWELLING.
NOW WITHIN THIS LAW, THIS, AS FAR AS WHAT WE HAVE HERE, THIS DOES NOT GO THROUGH AND RESTRICT ANY HOAS, BUT WHAT THAT IS FUNCTIONALLY SAYING IS THAT THE COUNTY CANNOT GO THROUGH INTO A SUBDIVISION OR WITH AN OWNER AND REQUIRE CCNRS OR DEED RESTRICTIONS LIKE AN HOA MAY.
THOSE ARE PRIVATE BODIES AND COMPLETELY SEPARATE FROM THIS, BUT WE CAN'T GO ENACT MEASURES LIKE THEY WOULD TO PREVENT ANY ACCESSORY DWELLING UNITS.
SO, SUMMARY OF CHANGES FOR SECTIONS 5 0 2, 6 0 2 AND 7 0 2, WE'VE LOOKED TO ADD IN GUEST HOUSES AND ALLOWED USE THAT REQUIRES AN ADMINISTRATIVE PERMIT.
FUNCTIONALLY, SINGLE FAMILY ZONING DISTRICTS ARE THE ONLY ONES THAT DO NOT CURRENTLY ALLOW FOR GUEST HOUSES OR ADDITIONAL DWELLING UNITS WITHIN THE COUNTY.
UM, SO THIS WILL ADD TO THOSE MULTIFAMILY ZONING DISTRICTS AND COMMERCIAL, RESIDENTIAL HAVE NOT REQUIRED GUEST HOUSE, UM, PERMITTING BECAUSE THEY'RE MULTIFAMILY.
SO YOU CAN PLACE MULTIPLE BUILDINGS.
HOWEVER, TO MAKE SURE THAT WE'RE IN,
[00:40:01]
UH, STRICT, UM, THE STRICT LINES OF THE NEW STATE LAW, WE HAVE ADDED THAT IF SOMEONE SO WISHES TO CHOOSE THOSE ADDITIONAL UNITS AS GUEST HOUSES THROUGH THE COUNTY, UM, JUST TO MAKE SURE THAT NOTHING COMES BACK AS FAR AS RESTRICTION AND REGULATION HERE WITH NAVAJO COUNTY.NOW, AS FAR AS SECTION 1917, GUEST HOUSES ACCESSORY DWELLING UNITS, THESE ARE WHAT WE HAVE PROPOSED TO STAY WITHIN THE CONFINES OF THIS, THIS NEW LAW.
SO ADDING PROVISIONS FOR GUEST HOUSES TO BE PERMITTED ACCORDING TO LAW AND LOTS UNDER ONE ACRE.
SO THAT ONE ATTACHED AND ONE DETACHED.
AND THEN THOSE PROVISIONS FOR LOTS ONE ACRE AND MORE IN SIZE TWO DETACHED, ONE ATTACHED.
CURRENTLY IN THOSE ZONING DISTRICTS THAT ALLOW GUEST HOUSES, WE ALLOW ONE GUESTHOUSE PER PARCEL.
UM, SO THIS WILL EXPAND UPON THAT BASED ON THE STATE LAW, WITHIN OUR PROVISIONS FOR GUEST HOUSES, WE HAVE THE ALLOWED ZONING DISTRICTS, THOSE THAT ARE NOT THE SINGLE FAMILY.
UM, WE HAVE PROPOSED THAT WE REMOVE THE ALLOWED ZONING DISTRICTS TO MAKE SURE THERE IS NO CONFLICT WITH STATE LAW.
AND WITHIN THE ZONING ORDINANCE, STATE THAT IT'S ANYWHERE WHERE A SINGLE FAMILY DWELLING IS ALLOWED ON A PARCEL BECAUSE IT HAS THIS PROVISION.
AND THIS LAW HAS TO GO THROUGH FOR LOTS THAT ARE UNDER OUR CURRENT PROVISION OF A QUARTER ACRE OR 10,000 SQUARE FEET, AS WE HAVE LOTS THAT ALLOW FOR GUEST HOUSES THAT ARE SMALLER THAN THAT SIZE.
WE'VE PROPOSED REMOVING THE SIZE REQUIREMENTS, MINIMUM LOT SIZE REQUIREMENTS AS IT GOES FOR THE ACCESSORY DWELLING UNITS HERE.
UM, OTHERWISE WE WOULD NOT BE WITHIN THE CONFINES OF STATE LAW.
UM, WE HAVE PROPOSED REMOVING SIZE LIMITATION REQUIREMENTS FOR GUEST HOUSE PROVISIONS, ENSURING NO CONFLICT WITH NEW LAW.
THERE ARE SOME PROVISIONS IN THERE WITH SIZE.
UM, THROUGH THE EXPERIENCE WE'VE HAD OVER THE PAST FOUR OR FIVE YEARS WITH OUR ADMINISTRATIVE PROCEDURE FOR GUEST HOUSES, WE FOUND IN MANY CASES PEOPLE DO WANT SIMILAR SIZED HOUSES WITH THEIR MULTI, UH, GENERATIONAL, UM, THAT WE FIND WITHIN A LOT OF THESE COMMUNITIES.
IN ORDER TO ENSURE THERE'S NO CONFLICT WITH THE CURRENT OR ANY FUTURE LAWS THAT WE MIGHT FORESEE COMING THROUGH THE LEGISLATURE, WE'VE RECOMMENDED REMOVING THAT PROVISION THAT WE HAD FOR A 70% COMPARATIVE, UH, SIZE BETWEEN THE TWO.
WE HAVE ADDED THE PROVISIONS FOR GUEST HOUSES TO BE ALLOWED WITHIN FIVE FEET OF REAR OR SIDE LOT LINES.
WE ARE STILL REQUIRING THE FULL FRONT YARD SETBACK.
WE'RE TREATING THESE AS ACCESSORY BUILDINGS IN OUR ORDINANCE, UH, THE VERY SAME WITHIN THE CONFINES OF WHAT'S ALLOWED WITHIN THE LAW.
WE HAVE PROPOSED REMOVING ADDITIONALLY REQUIRED INFORMATION THAT DOES NOT PROVE USEFUL IN REVIEWING GUEST HOUSE PERMIT APPLICATIONS.
THAT INFORMATION ALSO MAY NOT BE ALLOWED BY LAW, IS ANOTHER REASON THAT WE'VE, WE'VE GONE THROUGH TO REMOVE THAT.
UM, BUT ONE OF THOSE IS THE, THE VALUATION OF A GUEST HOUSE, UM, WHICH IS NOT USEFUL IN OUR REVIEW AND PLANNING OF, OF GUEST HOUSES.
IT IS USEFUL IN THE BUILDING PERMIT SIDE, AND IT'S STILL REQUIRED THERE AS FAR AS THE VALUATIONS FOR PERMIT FEES, AND THEN REMOVING THE PORTION THAT SAYS, UM, SOMEONE HAS TO PROVIDE EVIDENCE THAT THEY CAN GO THROUGH AND START CONSTRUCTION WITHIN SIX MONTHS AS THAT'S NOT ALLOWED WITHIN THE CONFINES OF THIS LAW.
THAT'S NOT A RESTRICTION THAT THE COUNTY CAN PLACE ANY LONGER.
AND THEN WE HAVE CLARIFIED THAT SEPARATE ADMINISTRATIVE GUEST HOUSE PERMITS ARE NOT REQUIRED FOR ATTACHED GUEST HOUSES.
THEY DO STILL REQUIRE BUILDING PERMITS.
HOWEVER, FOR THOSE ATTACHED GUEST HOUSE UNITS THAT HAVE DOORS BETWEEN THE UNITS, UM, IT, IT CAN CAUSE A NUMBER OF, UH, ISSUES OF CONFUSION.
BUT THERE WILL BE NOTES AS TO WHEN THOSE ARE INSTALLED WITH OUR BUILDING DIVISION.
UM, BUT WE WANTED TO PREVENT ANY POTENTIAL, AGAIN, CONFLICT WITH THIS OF PERMITTING INCORRECTLY AS WE MOVE FORWARD.
NOW, THERE'S A, A CASCADE EFFECT OF THOSE PROPOSED UPDATES IN THIS NEW LEGISLATION, WHICH GOES INTO ARTICLE 23 ARE DEFINITIONS.
WE'VE PROPOSED BETTER DEFINED GUEST HOUSE TO BE THE SAME AS INTRODUCED INTO STATE LAW, SO AS TO CAUSE NO CONFUSION BETWEEN THE LAW AND THE ORDINANCES THAT ARE BEING FORCED TO BE ENACTED BY COUNTIES.
AND THEN WE HAVE INTRODUCED ACCESSORY DWELLING UNIT AS BOTH TERMS ARE USED WITHIN THE LAW TO BE DEFINED THE EXACT SAME AS GUEST HOUSE TO PREVENT ANY CONFUSION BETWEEN OUR ORDINANCE AND WHAT IS THERE FOR STATE LAW.
AS FAR AS TERMINOLOGY, THE CASCADE EFFECT THAT'S COME THROUGH THIS IS AMENDING THE DEFINITIONS FOR MANUFACTURED HOME PARKS AND RECREATIONAL VEHICLE PARKS TO NOT INCLUDE GUEST HOUSES AS IT WOULD TRIGGER ADDITIONAL PERMITTING THAT WOULD NOT BE IN COMPLIANCE WITH STATE LAW.
I'LL TRY TO WALK THROUGH A QUICK EXAMPLE OF WHAT THIS IS.
HOPEFULLY IT DOESN'T GET TOO CONVOLUTED, BUT IF YOU DO HAVE QUESTIONS, PLEASE ASK ME AFTER THIS.
UM, BUT ON A, ON A RURAL PROPERTY WHERE MANUFACTURED HOMES ARE ALLOWED, YOU CAN PERMIT A MANUFACTURED HOME AS THE, THE PRIMARY HOME WITH THE NEW.
THOSE RURAL PROPERTIES ARE TYPICALLY ONE ACRE OR GREATER.
SO WITH THE NEW PROVISIONS, TWO DETACHED GUEST HOUSES WOULD BE ALLOWED, HYPOTHETICALLY, BOTH OF THOSE COULD BE MANUFACTURED HOMES WITHIN NAVAJO COUNTY.
THREE OR MORE MANUFACTURED HOMES IS CONSIDERED A MANUFACTURED HOME PARK.
SO WE'VE HAD TO GO THROUGH AND AMEND THE ORDINANCE ON THAT TO CLARIFY THAT WHEN THIS RELATES TO GUEST HOUSES,
[00:45:01]
THAT DOES NOT TRIGGER CLAUSES FOR PERMITS TO MANUFACTURED HOME PARKS.AND THEN IN ADDITION, THIS ONE KIND OF TIES BACK TO SOME QUESTIONS WE HAD EARLIER WITH RECREATIONAL VEHICLE PARKS.
THERE'S ANOTHER STATE LAW THAT REQUIRES THAT COUNTIES ON CERTAIN PARCELS ALLOW PARK MODELS AS ACCESSORY DWELLING UNITS.
THEY JUST HAVE TO BE ATTACHED IN THE SAME MANNER AS A MANUFACTURED HOME.
SO THEY CAN'T BE THOSE TINY HOMES ON WHEELS, UM, OR PARK MODELS ON WHEELS WITHIN THESE PROVISIONS.
BECAUSE OF BOTH OF THOSE LAWS COMING TOGETHER, YOU COULD HAVE A PRIMARY HOME AND TWO PARK MODELS THAT WOULD HAVE TO BE PERMITTED ON THESE RESIDENT RESIDENTIAL PROPERTIES.
PARK MODELS BY LAW, ARE QUALIFIED AS RVS WITHIN NAVAJO COUNTY.
TWO OR MORE RVS ON A PARCEL IS CONSIDERED A RECREATIONAL VEHICLE PARK.
SO WE'VE CLARIFIED WITHIN THE DEFINITIONS THAT PARK MODELS PERMITTED AS A PART OF GUEST HOUSES DO NOT TRIGGER THE RECREATIONAL VEHICLE PARK PERMITTING PROCESS.
SORRY, AND I KNOW THAT'S QUITE CONVOLUTED, BUT IT'S WHAT WE FOUND IS GOING THROUGH THIS SO THAT THERE IS NOT ANY CONFLICT.
WE JUST LOST, UH, GEORGE JOHN.
I DUNNO IF IT'S HER OR I WILL PAUSE FOR A MOMENT UNTIL HOPEFULLY COMMISSIONER JOHN RETURNS FOR QUORUM HERE.
IN THE MEANTIME, THE, IF THE COMMISSION SO WISHES, UM, THAT MORE OR LESS IT, IT CONCLUDES MY PRESENTATION THAT'S HERE FOR THE COMMISSION.
UM, THE COMMISSION IS ALLOWED TO DISCUSS, JUST NOT MAKE ANY DECISIONS WITH LACKING A QUORUM.
SO IF YOU HAVE ANY QUESTIONS OR WOULD LIKE TO GO THROUGH ANY DISCUSSION WITH MYSELF, UH, I WOULD CERTAINLY ENTERTAIN THAT.
COMMISSIONER JOHN'S REJOINING.
I WAS GONNA SAY, WE'LL PROBABLY JUST WANT TO CLEAR THROUGH THE, AS IT'S A PUBLIC HEARING, THE OPEN PORTION FOR THE PUBLIC COMMENTS.
CAN, CAN WE ASK YOU QUESTIONS FIRST? HE, HE'S BACK.
AS IF, IF THAT'S HOW YOU'D WISH TO PROCEED.
YEAH, I HAVE, I HAVE ONE FIRST.
UH, HOW DOES THIS AFFECT HOAS? DON'T, DON'T THEY HAVE TO FOLLOW STATE LAW ALSO? SO HOAS ARE REQUIRED, MR. CHAIRMAN HOAS ARE REQUIRED TO FOLLOW STATE LAW.
HOWEVER, HOAS HAVE THEIR REGULATIONS WITHIN A DIFFERENT PART OF THE STATUTE.
SO ALL THIS IS FUNCTIONALLY SAYING IS THAT NAVAJO COUNTY OR COUNTIES AND CITIES WITHIN THE STATE OF ARIZONA MAY NOT RESTRICT WITHIN THESE CONFINES OR OUTSIDE OF THESE CONFINES.
FOR THE DWELLING UNITS, IT SAYS NOTHING REGARDING HOAS.
UM, IF THE LEGISLATURE EVER DOES PUT THROUGH SEPARATE REGULATIONS FOR THEM, THEN THEY WOULD, I SUPPOSE, BE FORCED TO, TO PROCEED THROUGH WITH WHATEVER CONFINES WERE PUT UPON THEM.
HOWEVER, AS IT STANDS NOW, AS FAR AS I'M AWARE, HOAS ARE STILL WELCOME TO REGULATE GUEST HOUSES.
UM, THIS IS JUST FOR ANYWHERE IN THE COUNTY, IT'S HUGE.
THAT WOULD NOT HAVE AN HOA YES.
YEAH, THAT'S, I MEAN, THAT IS REALLY AND REALLY HUGE.
AND WHEN WE GO THROUGH ON OUR BUILDING PERMITTING PROCESS, WE DO REQUIRE, AS A PART OF FILLING OUT BUILDING PERMITS THAT PEOPLE ACKNOWLEDGE THAT THEY HAVE CHECKED WITH THEIR HOA AND THEY'VE CHECKED FOR CCNRS.
THAT IS CERTAINLY NOT A CATCHALL AS SOME PEOPLE WILL NOT GO THROUGH AND, AND COMPLETE THOSE.
UM, WE ALSO DON'T HAVE A COMPREHENSIVE LIST OF EVERY HOA GIVEN THE, THE AGE OF THE COUNTY OR EVERY DEED RESTRICTION OR CC AND R THAT EXISTS IN THE COUNTY.
UM, BUT WE DO REQUIRE AT LEAST AN ACKNOWLEDGEMENT THAT MAKES PEOPLE THINK THROUGH AND, AND TRY TO GO DISCUSS THAT WITH THEIR HOA.
UM, IF WE'RE AWARE OF AN AREA WHERE THERE'S AN HOA, WE ALWAYS, UM, ENCOURAGE THE APPLICANT TO GO REACH OUT AND SEE IF THEY CAN PROVIDE US A LETTER PRIOR TO DOING THE PERMITTING TO MAKE SURE THERE'S NO CONFLICT.
BUT THIS LAW IS PROPOSED AND AS WE'LL GO INTO EFFECT NEXT MONTH, JUST AFFECTS NAVAJO, NOT NAVAJO COUNTY, BUT COUNTIES IN ARIZONA.
ANOTHER QUESTION WAS, UM, A LOT OF THESE UN SUBDIVIDED LANDS THAT ARE NOT WITHIN HOA, AND I'M SEEING MORE AND MORE OF THIS IN THE REAL ESTATE INDUSTRY.
PEOPLE THAT ARE LOOKING AT SELLING ANYWHERE FROM MAYBE A ONE TO FIVE ACRE PIECE WHEN I, I'M HAVING PEOPLE THAT ARE COMING TO ME WANTING TO LISTEN, SAY, BUT I REALLY WANNA RESPECT MY NEIGHBORS.
SO I WANT TO DEED RESTRICT THESE PAR PARCELS.
AS WE SELL 'EM DEED RESTRICTED TO YOU CAN'T HAVE A MANUFACTURED HOME OR YOU CAN'T SUBDIVIDE 'EM AND HAVE EXTRA PARCELS.
IS ARE THESE PEOPLE THAT, THAT AREN'T WITHIN A SUBDIVISION, THEY HAVE TITLE TO THEIR HOME AND THEIR, OR THEIR, THEIR LAND AND THEY'RE LOOKING AT PUTTING ON THE MARKET.
CAN THEY RECORD DEED RESTRICTIONS STILL AGAINST THEIR PRIVATE PIECE OF PROPERTY THAT WOULD NOT ALLOW SOMEBODY WHO COMES IN AND BUYS IT LATER? OR, OR, OR IS THAT A VIOLATION OF WHAT THIS NEW LAW IS? THEY HAVE, THEY, THEY HAVE NO CONTROL OVER WHAT SOMEBODY COMES IN AND DOES LATER IF THEY WANT TO COME IN AND, AND HAVE ADDITIONAL
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HOMICIDES ON THEM.UM, AND I KNOW THOSE HAVE BEEN CONVERSATIONS THAT HAVE GONE THROUGH WITH, UH, COUNTY PLANNING MANAGERS AND DIRECTORS AS FAR AS WE ARE AWARE, UM, FROM OUR LOBBYING BODY THAT INFORMS US ON THESE BILLS AND GOES THROUGH, UH, THESE WILL NOT AFFECT THOSE THAT WISH TO PUT THROUGH DEED RESTRICTIONS.
THE ONLY PROVISION IS WE AS A COUNTY CANNOT REQUIRE SOMEONE TO GO PUT DEED RESTRICTIONS ON THEIR, THEIR PROPERTY.
BUT WHAT A PRIVATE CITIZEN CHOOSES TO DO WITH A PRIVATE DOCUMENT IS ULTIMATELY THEIR CHOICE.
THE ONLY ISSUE THAT WILL POTENTIALLY ARISE WITH THAT, THAT WE SEE FOR OTHER DEED RESTRICTIONS IS BECAUSE THOSE ARE PRIVATELY EXECUTED DOCUMENTS TO WHICH A SELLER AND AND BUYERS AGREE TO.
THE COUNTY WILL HAVE NO ENFORCEMENT MECHANISMS. IF SOMEONE WERE TO VIOLATE THE DEED RESTRICTIONS, SOMEONE WOULD'VE TO TAKE CIVIL ACTION AGAINST THAT PROPERTY OWNER IN ORDER TO PROCEED.
WE WOULD NOT HAVE A WAY TO, UH, PUT A STOP ORDER OR REMEDIATE ANYTHING OF THAT NATURE.
'CAUSE WHEN IT, LIKE WHEN A, A BUILDING PERMIT COMES THROUGH, THEY DON'T CHECK THAT, DO THEY? UH, I BELIEVE WITH THE BUILDING PERMIT, THEY'RE SUPPOSED TO CHECK ANY CHECKING WITH HOA CCNRS AND DEED RESTRICTIONS.
UM, IF THAT'S NOT, I BELIEVE IT'S THERE.
I'M NOT THE BUILDING GUY, BUT IF NOT, I'LL, I'LL TALK TO OUR BUILDING PEOPLE AND MAKE SURE WE HAVE THAT ADDED.
ESPECIALLY WITH THIS UPDATING, THERE'S A LITTLE BOX THAT SAYS THE, UH, OWNER IS RESPONSIBLE AND THEY CONFIRM THAT THERE'S NO THING SAYING.
SO I, I BELIEVE THERE IS THE DEED RESTRICTIONS WITH THERE AS WELL, BECAUSE WE WANT PEOPLE TO BE AWARE THAT THOSE COULD BE ON A PROPERTY AND ALL OF THOSE SHOULD COME THROUGH WITH A TITLE SEARCH, WHICH WE HOPE THAT MOST PEOPLE, THEY HAVE TO BE UTILIZING, REALLY HAVE ANY LEGAL BASIS.
BUT EVEN THEN, LIKE, LIKE HE SAID, YOU, THE COUNTY'S NOT GONNA ENFORCE IT.
SO YOU, IT'S, IT'S ONLY THE COURTS, IT'S IS YOUR ONLY RECOURSE.
BUT BUT MY, THE WHOLE BASIS OF MY QUESTION WAS, IS THAT AM I NEEDING TO ADVISE A PROPERTY OWNER THAT'S WANTING A DEED RESTRICTED THAT COULD BE IN VIOLATION OF THIS LAW AND BE IN TROUBLE WITH THE STATE? YES.
MY CONCERN WAS I HAVE NOT SEEN ANYTHING VICE CHAIRWOMAN AS FAR AS THE, THE REGULATIONS THAT ARE HERE.
THESE REGULATIONS HAVE BEEN STRICTLY IMPOSED ON CITIES, TOWNS, AND COUNTIES.
NOT ON ANY PRIVATE CITIZENS OR PRIVATE CITIZEN GROUPS LIKE H HOAS.
ANY FURTHER QUESTIONS FOR CODY? OKAY.
HEARING NONE, WE WILL, UH, OPEN THIS UP FOR PUBLIC COMMENT.
UH, ARE THERE ARE
HEARING NONE, THE PUBLIC COMMENT IS CLOSED.
UM, UNLESS, UNLESS WE HAVE MORE QUESTIONS, WE'LL ENTERTAIN A MOTION.
'CAUSE WE'RE TO THAT POINT, MR. CHAIRMAN? YES, SIR.
NAVAJO COUNTY P AND Z COMMISSION RECOMMEND APPROVAL OF THIS TAX AMENDMENT TO THE NAVAJO COUNTY ZONING ORDINANCE TO THE NAVAJO COUNTY BOARD OF SUPERVISORS SUBJECT TO THE RECOMMENDATIONS OF STAFF.
WE HAVE A MOTION AND A SECOND.
[7. COMMISSIONER’S COMMENTS AND/OR DIRECTIONS TO STAFF: Commissioners may use this time to offer additional comments regarding any item on this agenda, or any other topic; and the Commission may direct staff to study or provide additional information on topics of the Commissions’ choosing.]
ITEM NUMBER SEVEN, UH, COMMISSIONER'S COMMENTS AND OUR DIRECTIONS TO STAFF.UH, ANYBODY HAVE ANYTHING WE NEED TO ADDRESS WITH CODY OR CODY YOU WANT TO SPEAK TO US FIRST? UH, I'LL ENTERTAIN ANY COMMENTS FROM THE COMMISSION FIRST AND THEN I CAN ADDRESS THE COMMISSION AFTER MR. CHAIRMAN IF THERE'S ANYTHING ADDRESSED TO MYSELF.
I DON'T, I DON'T HEAR ANY, SO.
UM, JUST FOR THE, THE COMMISSION'S INFORMATION, AS I HAD NOTED BEFORE, WE DO HAVE A NEW COMMISSIONER, UM, MS. COURTNEY CONTRERAS.
WE ARE STILL ON THE SEARCH FOR NEW COMMISSIONERS AND, AND CONTINUE TO TRY TO ADVERTISE AND COMPLETE OUTREACH, UM, TO FILL.
SO IF YOU ARE, WE HAVE ONE AT LARGE SEAT, UM, THAT CAN BE FILLED THROUGH ANY DISTRICT WITHIN THE COUNTY AND THEN ONE WITHIN DISTRICT FIVE.
IF YOU HAVE ANYONE YOU KNOW THAT MIGHT BE INTERESTED, PLEASE SEND THEM OUR WAY.
OR, UH, SEND US THEIR WAY, YOU KNOW, WE'LL, WE'LL DO WHATEVER WE NEED TO DO FOR THAT TO TRY TO FILL ALL THE SEATS ON THIS COMMISSION.
AND THEN AS OF RIGHT NOW, WE DO NOT HAVE ANY ITEMS THAT ARE RECEIVED INCOMPLETE AND READY FOR THE, UH, WHAT WAS THAT SEPTEMBER HEARING SAID? WAY TOO MANY WORDS.
SO I'VE FORGOTTEN WHAT MONTH IT IS HERE.
UM, BUT WE WILL LET YOU KNOW IN THE NEXT WEEK OR TWO, UH,
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ONCE THAT'S LOCKED IN AS, AS BEING CANCELED OR NOT.BUT AS OF TODAY, WE DO NOT HAVE ANY ITEMS LOCKED IN TO, TO BE HEARD IN FRONT OF THE COMMISSION NEXT MONTH.
AND THAT IS ALL I HAVE FOR YOU.
UM, WITH THESE CHANGES THAT HAVE, THAT HAVE COME ABOUT, UM, AND, AND WHAT I'M SPECIFICALLY ZEROING IN ON IS THE CHANGE IN WHAT, YOU KNOW, LIKE YOU SAY, A FEW YEARS WE'VE GONE BACK AND FORTH BETWEEN WHAT CONSTITUTES A QUORUM AND MM-HMM
AND WHETHER IT'S SEATS FILLED OR AS MANY SEATS AS ARE AVAILABLE MM-HMM
UM, ARE WE, ARE WE GONNA UPDATE OUR, OUR, UM, BYLAWS TO REFLECT THAT THEN? BECAUSE THERE'S BEEN A LOT, AND, AND I WOULD, I, AS A COMMISSIONER, I WOULD REALLY LIKE TO SEE AND UPDATE IT.
I, I NEVER SAW THE FINAL, LIKE I WAS OUT OF TOUCH FOR A WHILE THERE 'CAUSE THE SURGERIES, BUT I DIDN'T, I DIDN'T, UH, EVER SEE A FINAL DRAFT OF THE, THE BYLAWS THAT I, I WOULD ASSUME ARE IN PLACE NOW.
SO I WOULD THINK THAT, THAT WOULD NEED, THIS, WOULD NEED TO BE, THESE CHANGES WOULD NEED TO BE REFLECTED IN THOSE BYLAWS TO AN EXTENT ABOUT THE QUORUM CHANGING.
UH, FOR THAT ONE BY CHAIRMAN WOODMAN, THAT DID CHANGE WITH THE LAST UPDATED TO THE BYLAWS, WE DID CLARIFY IT WAS SIX MEMBERS, SIX OF THE 10 SEATS, REGARDLESS OF FILLED OR VACANT.
UM, BUT WE WILL BE SURE TO GET YOU A COPY OF THOSE BYLAWS THAT WERE ADOPTED.
AND I DON'T HAVE, I APOLOGIZE THAT YOU DON'T HAVE THOSE ALREADY.
THAT'S, BUT WE'LL GET YOU A COPY OF THOSE.
SO WE, WE HAVE, UH, WE HAVE PUT THAT IN PLACE AFTER GETTING FURTHER CLARITY FROM LEGAL AND MAKING SURE THAT WE'RE PROCEEDING PROPERLY WITH THESE MEETINGS.
ANY, ANYTHING ELSE? ANYBODY HAVE ANY COMMENTS OR CONCERNS? QUESTIONS? THANK YOU.